On Tuesday, August 20, 2024, a federal judge in Texas set aside the Federal Trade Commission (“FTC”) Rule banning the use of noncompete agreements in employment, which was set to take effect on September 4, 2024. The judge held that the FTC exceeded its statutory authority in making the Rule, and that the Rule violated
Recruiting, Hiring, and Retention
FTC Bans Noncompete Agreements: What employers need to know about the FTC’s Noncompete Rule
By Mark Hipple & Robert McAvoy on
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a Final Rule (the “Rule”) prohibiting the use of non-compete restrictive covenants (with a limited exception) throughout the United States as an unfair method of competition under the FTC Act. The Rule is set to become effective 120 days after it is published in the…
Navigating the Future: Understanding the EEOC’s Latest Guidance on AI in Employment
This post was co-authored by Christian M. Wolgemuth, an attorney in McNees’ Privacy & Data Security and Litigation practice groups.
In our rapidly evolving technological landscape, the use of artificial intelligence (AI) has become more prevalent, touching virtually every aspect of our lives. From smart assistants that streamline our tasks to advanced data analytics that…
New I-9 Form and Updated Compliance
By Schaun D. Henry on
Most of our readers are aware of the fact that the COVID era policy which allowed employers to remotely examine documentation provided by employees for completing the form I-9 ended as of July 31, 2023. All employers will now have until August 30, 2023 to physically examine the I-9 documentation presented by the employees who…
CDC Further Relaxes COVID-19 Isolation and Mask Guidance: What Employers Need to Know
On August 11, 2022, the CDC issued new guidance regarding isolation and masking for individuals exposed to COVID-19. According to the CDC, high levels of immunity and the availability of COVID-19 prevention and management tools have reduced the risk for medically significant illness. While employers still must traverse through the complicated web of COVID-19 mitigation…
EEOC Issues Guidance on Using Artificial Intelligence in the Hiring Process
By Adam Santucci on
Posted in Recruiting, Hiring, and Retention
At our 31st Annual Labor and Employment Law Seminar, there was a panel discussion regarding the War for Talent. As part of that presentation, we reviewed some of the new and creative application processes that employers are adopting to help attract, screen and onboard employees more effectively and efficiently. We also discussed the use…
American Motion Sickness: The Seesaw of Labor Availability
By Langdon Ramsburg on
Posted in Recruiting, Hiring, and Retention
Despite our best attempts to suppress the memory, we all remember it well. Just over two years ago, the pandemic triggered state-ordered shutdowns. Our economy obviously slowed to a crawl, and employers everywhere immediately found themselves with surplus workers. The result was mass layoffs, flooding the labor market with available employees. To get employees back…
NEW I-9 FORM REQUIRED MAY 1, 2020 – RELAXED STANDARDS FOR EMPLOYER REVIEW OF EMPLOYEE DOCUMENTS REMAINS IN EFFECT
By Schaun D. Henry on
I-9 Form
With all the changes to business operations due to COVID-19, it is still important that we pay attention to the non-COVID-related changes that continue to occur in the employment world. The new I-9 form has been around since January 31, 2020, and its use has been voluntary until now. As you know, however,…
The Fair Chance Act: Federal Contractors and Federal Agencies Will Have to Ban the Box
By Triston "Chase" O'Savio on
Federal government contractors will need to be aware of the Fair Chance Act, a recently enacted statute that is scheduled to go into effect on December 20, 2021. The Act is a “ban-the-box” law that prohibits covered employers from inquiring about an applicant’s criminal history in the early stages of the hiring process. The Act…
Maryland Enacts Ban-the-Box Law: How Your Organization Can Ensure Compliance
By Triston "Chase" O'Savio on
If your business operates in Maryland, you need to be aware of SB 839, a law that took effect February 29, 2020. SB 839 prohibits employers with 15 or more full-time employees from asking job applicants about their criminal history prior to the first in-person interview. Specifically, the law precludes employers from asking applicants whether…